Last updated 23 September 2024

If a court considers that an offence warrants no punishment or only a nominal punishment, then the court may order that the offender be released absolutely (ss 17 and 19(1)(a) Penalties and Sentences Act 1992 (Qld) (Penalties and Sentences Act)). Such orders are given quite rarely and only for the most minor offences.

Before making an order discharging an offender, the court must consider the offender’s character, age, health and mental condition, the nature of the offence, the circumstances (if any) under which the offence was committed that make the offence less serious and anything else the court considers relevant to the decision to make such an order (s 18 Penalties and Sentences Act).